Neutral Citation No. - 2025:AHC:42419-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5362 of 2025 Petitioner :- Chandan Rai And Another Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Pramod Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State and perused the record. 2. This writ petition has been filed praying to quash the first information report dated 13.01.2025 registered as Case Crime No.0007 of 2025, under Sections 87 B.N.S., 2023 Police Station- Harpur Budhat, District-Gorakhpur and not to arrest the petitioners pursuant to the said FIR. 3. The contention of learned counsel for the petitioners is that as per Aadhar Card, the date of birth of petitioner no. 1 is 20.07.2000 and petitioner no. 2 is 02.10.2006 and both are major and have solemnized marriage on 13.01.2025 at Gorakhnath Mandir, Gorakhpur out of their own free will and as such no offence under Section 87 B.N.S., 2023 is made out. 4. Per contra, learned AGA though has resisted the relief as prayed for but fairly submitted that in case the petitioners are major and have solemnized marriage out of their own will, he has no objection in case, the petitioners are accorded some protective order by this Court. 5. At this stage, learned counsel for the petitioners has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Suhani vs. State of U.P. reported in 2018 0 Supreme (SC) 1430 and judgment dated 18.7.2023 passed in Criminal Appeal No. 1898 of 2023 (P. Yuvaprakash vs. State Rep. By Inspector of Police) and submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl. 6. In view thereof, we direct that the petitioner no.2-Alka Kumari be produced before the Magistrate concerned, for recording her statement under section 183 B.N.S.S., 2023 and thereafter, she shall be brought before the Chief Medical Officer concerned by the I.O. of the case who shall constitute a panel of three doctors, for her age determination test (ossification test). Both these exercises must conclude within six weeks from today. 7. It is incumbent upon the petitioners to provide all necessary assistance to the Investigation Officer during investigation, however, the petitioners shall not be arrested during this period. 8. The arrest of the petitioners shall be subject to 183 B.N.S.S., 2023 statement of the girl/petitioner no.2 and her age. 9. In the event, it is found that she has attained the age of majority and her 183 B.N.S.S, statement favours petitioner no.1, then the petitioners shall not be arrested till the submission of report by the police under section 193(3) B.N.S.S., 2023, and if it is found otherwise, the procedure of law would be followed against the petitioners and protection given to the petitioners by this order, would automatically stand vacated. 10. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 24.3.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad